Don'T Thrust Hindi On Apex, Hc Judges: Experts

The ‘non-feasibility’ of introducing Hindi ‘as compulsory language in the Supreme Court of India’ has been reported by the Law Commission of India. Acknowledging the right of ‘every citizen, every court’ to understand law, the Commission held that ‘at present one should appreciate that such a language is only English.’ The point was made by Commission chairman A R Lakshmanan in a Report on Non-feasibility of Introduction of Hindi as Compulsory Language in the Supreme Court of India forwarded last Wednesday to Law and Justice Minister Hans Raj Bhardwaj. ‘It is important to remember that every citizen, every Court has the right to understand the law laid down finally by the Apex Court and at present one should appreciate that such a language is only English,’ the Report said. The Report was put together in response to a reference from the Law and Justice Ministry’s Legal Affairs Department on the recommendations of a Parliamentary Official Language Committee to amend Article 348 of the Constitution. The Committee had suggested that High Courts and the Supreme Court be asked to start delivering judgments and decrees in Hindi so that departments carrying out judicial or quasi-judicial functions are able to deliver orders in Hindi. At present, these departments are unable to pass orders in Hindi, because the appeal against their orders in High Courts or the Supreme Court has to be pursed in English. The Commission which obtained the views of retired Chief Justices, Supreme Court Judges, Senior Advocates and Bar Associations concluded that no language ‘be thrust on any section of the people against their will.’ It pointed out that a language ‘is not merely a vehicle of thought and expression, but for Judges at the higher level, it is an integral part of their decision-making process. ‘Judges have to hear and understand the submissions of both the sides, apply the law to adjust equities. ‘Arguments are generally made in higher courts in English and the basic literature under the Indian system is primarily based on English and American text books and case laws. ‘Thus, Judges at the higher level should be left free to evolve their own pattern of delivering judgements.’ It also pointed to the transfer policy for High Court Judges and said a Judge compelled to deliver judgements in a language in which he or she is not well-versed might find it ‘extremely difficult... to work judicially.’ A High Court Judge cannot be expected to learn a new language at his age and to apply it in delivering judgements every time he or she is transferred, it said. ‘At any rate no language should be thrust upon the Judges of the higher judiciary and they should be left free to deliver their judgements in the language they prefer. ‘It is important to remember that every citizen, every Court has the right to understand the law laid down finally by the Apex Court and at present one should appreciate that such a language is only English. ‘The use of English language also facilitates the movement of lawyers from High Courts to the Apex Court since they are not confronted with any linguistic problems and English remains the language at both the levels. ‘Any survey of the society in general or its cross-sections will clearly substantiate the above proposition which des not admit of much debate, particularly in the present political, social and economic scenario,’ it said. But the Commission acknowledged that every legislation-- authoritatively enacted in English-- may have a Hindi authoritative translation at the central level. ‘Same analogy may be applied even in respect of executive actions at the central level, but the higher judiciary should not be subjected to any kind of even persuasive change in the present societal context.’ UNI

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group